RULES OF CRIMINAL PROCEDURE

II. PRELIMINARY PROCEEDINGS

RULE 4. INITIAL APPEARANCE AND ARRAIGNMENT

Rule 4.2. Initial Appearance

In General. At the suspect's initial appearance, the magistrate shall:

(1) Ascertain the suspect's true name and address and, if necessary, amend the formal charges to reflect it, instructing the suspect to notify the court promptly of any change of address;

(2) Inform the defendant of the charges against him or her;

(3) Inform the defendant of his or her rights to counsel and to remain silent;

(4) Determine whether probable cause exists for the purpose of release from custody. If no probable cause is found, the defendant shall immediately be released from custody;

(5) Appoint counsel if the suspect is eligible for and requests appointed counsel under Rule 6;

(6) Consider any views and comments offered by the victim concerning the issue of release. The magistrate may provide the victim with an opportunity to submit his or her views and comments on the issue of the suspect's release in written form in lieu of oral testimony;

(7) Determine the conditions of release in accordance with Rule 7.2; and

(8) For summoned defendants charged with a felony offense, a violation of Title 13, Chapter 14, or Title 28, Chapter 4, [FN1] or a domestic violence offense as defined in 13-3601 the court shall order that the defendant be fingerprinted at the designated time and place by the appropriate law enforcement agency if the court has reasonable cause to believe that the defendant was not previously fingerprinted.

Misdemeanors: Felonies Charged by Indictment. When a suspect charged with a misdemeanor or indicted for a felony is brought before a magistrate for defendant's initial appearance, defendant may, in addition to the procedures set forth in Section (a), be arraigned in the manner prescribed by Rule 14, if counsel is present or waived. If the appearance is before a magistrate without jurisdiction to try the offense, the magistrate shall transfer the case to the proper court for arraignment. If the court finds that delay of the arraignment is indispensable to the interests of justice, the court shall provide sufficient time for notice pursuant to Rule 39(b)(2) when setting a date and time for the continued arraignment.

Felonies Charged by Complaint. When a suspect is charged in a complaint, the magistrate shall, in addition to the procedures required by Section (a):

(9) Inform the suspect of his or her right to a preliminary hearing and the circumstances under which and procedures by which that right may be waived; and

(10) Unless waived, set the time for a preliminary hearing in accordance with Rule 5.1.